This is
a tort case arising out of an automobile accident. The trial
court found the plaintiff, Brenda Gaines, solely at fault in
causing the accident due to her failure to yield. Ms. Gaines
appeals, contending that the trial court erred in failing to
find the defendant, Laura Wilson, solely at fault due to her
improperly changing lanes. For the reasons that follow, we
affirm.

FACTUAL
AND PROCEDURAL BACKGROUND

This
case arises out of a two-vehicle accident that occurred on
November 5, 2014, at approximately 5:30 p.m., in the vicinity
of the eastbound I-10 exit ramp onto Chef Menteur Highway
("Chef Menteur") in New Orleans, Louisiana.
Claiming personal injuries and property damage to the rental
car that she was driving, Ms. Gaines sued, among others, the
driver of the other vehicle, Ms. Wilson.[1] In her petition,
Ms. Gaines averred that the accident occurred as follows:

• [Ms. Gaines] was driving a [rented] 2015 Kia Soul
automobile in an eastbound direction, in the right lane of
travel of Chef Menteur Highway, near the intersection of
Reynes Street in New Orleans.

• Suddenly and without warning, while driving a 1994
Mazda Protege automobile, Laura Wilson executed a U-turn from
westbound Chef Menteur Highway at Reynes Street, crossed over
the left and center eastbound lanes, and crossed into the far
right eastbound lane occupied by plaintiff, resulting in a
collision with plaintiffs vehicle . . .

A
one-day bench trial was held in this matter. From the trial
testimony and evidence, it is clear that Chef Menteur is a
major highway with three lanes in each direction-eastbound
and westbound-separated by a median with turning lanes. It is
also clear that the I-10 exit ramp merges into the right
eastbound lane of Chef Menteur. Approaching that merger, the
right eastbound lane is bordered on the left by a solid white
line.[2] The right eastbound lane, however, was not
a protected lane dedicated to traffic merging from I-10 onto
Chef Menteur.

At
trial, the two drivers were the principal
witnesses.[3] The drivers shared some similarities: both
were in their seventies; both were en route to their
homes, which were located nearby, when the accident occurred;
and both were familiar with the area where the accident
occurred. Both drivers testified that the accident occurred
in the right eastbound lane of Chef Menteur. Each
driver's version of the accident, however, was different.

According
to Ms. Gaines, when the accident occurred, she had exited the
I-10 exit ramp to Chef Menteur and had fully cleared the exit
ramp. Ms. Gaines did not recall whether there was a yield
sign at the end of the I-10 exit ramp, and she believed that
she had no duty to yield to traffic in the right eastbound
lane of Chef Menteur. Nonetheless, she testified, before
merging into that lane, she looked and observed no traffic in
that lane. She indicated that it was still daylight when the
accident occurred and that there was no impediment blocking
her view of eastbound traffic. When asked whether she knew
where Ms. Wilson came from, Ms. Gaines testified that,
"[w]hen I saw Laura Wilson and her car, it was into my
car." Ms. Gaines further testified that after the
accident, Ms. Wilson's car was located in the right
eastbound lane. Ms. Gaines described the damage to Ms.
Wilson's vehicle as being on the passenger side front and
back door, and the damage to her rental vehicle as being on
the front driver's corner bumper and fender by the
headlight.

According
to Ms. Wilson, she was returning home from picking up food at
Lucky Jean Seafood ("Lucky"), when the accident
occurred. When she left Lucky, which was on the westbound
side of Chef Menteur, she made a U-turn to return home. After
she made the U-turn, she pulled into the right eastbound lane
of Chef Menteur-the lane closest to the I-10 exit ramp. She
lived on the right side of Chef Menteur; she intended to
remain in the right lane until she made a right turn to go
home. Ms. Wilson testified that she remained in the right
lane from the time she made a U-turn until the time of the
impact. According to Ms. Wilson, Ms. Gaines "hit me from
the right as I passed, because I already passed her."
Ms. Wilson testified that there was a big yield sign facing
motorists coming off the I-10 exit ramp.

The
trial court found that Ms. Gaines was solely at fault for
causing the accident and rendered judgment dismissing her
suit. The trial court also issued the following written
reasons for judgment:

Mrs. Gaines initially testified that there was no
"yield" sign directing vehicles coming off the
eastbound I-10 exit ramp at Chef Mentuer Highway. After some
cross examination, she expressed less certainty on this
...

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